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Swaziland: a Failed Feudal State

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Swaziland: a Failed Feudal State SWAZILAND: A FAILED FEUDAL STATE SWAZILAND: A FAILED FEUDAL STATE A FREEDOM HOUSE REPORT September 2013 Contents ABOUT THIS REPORT ................................................................................................................................. 3 KEY DATES ..................................................................................................................................................... 4 KEY FIGURES .................................................................................................................................................. 5 EXECUTIVE SUMMARY .................................................................................................................................. 6 HISTORICAL OVERVIEW OF SWAZILAND’S DICTATORSHIP ......................................................................... 10 THE DEFORMED ECONOMY AND ITS CONSEQUENCES FOR SWAZI PEOPLE .............................................. 15 UNCERTAIN LAW AND ROYAL PRIVILEGE ................................................................................................... 20 THE SWAZI DEMOCRATIC MOVEMENT ....................................................................................................... 23 IMPENDING CRITICAL JUNCTURES FOR CIVIL SOCIETY ............................................................................... 28 CONCLUSIONS AND RECOMMENDATIONS ................................................................................................. 31 ACRONYMS ................................................................................................................................................. 32 ANNEXES ..................................................................................................................................................... 35 ENDNOTES................................................................................................................................................... 52 Annexes: 1. Political Parties, Trade Unions and Civil Society Organizations 2. Tibiyo Taka Ngwane’s Holdings in the Swazi Economy 3. Text of the 1973 Declaration 4. Text of the 2012 ACHPR Resolution on Swaziland 5. The MTN Saga and the No Confidence Vote Freedom House Swaziland: A Failed Feudal State ABOUT THIS REPORT The government of Swaziland denies its people basic human rights and conditions necessary for making a living, raising their children and escaping an early death. Swazis and their rich cultural heritage are at extreme risk due to the greed and depredations of their king, who is Africa’s last absolute monarch. This report sets out the critical issues affecting Swaziland and recommends approaches for key stakeholders. Apart from generating discussion amongst those directly involved with the movement for democracy is Swaziland, this report is also intended to serve as a fact sheet for those who are new to Swaziland’s issues. Cover Image: Sikhuphe Airport, one of King Mswati’s ‘vanity projects’, is located in a wilderness area 80 km from the closest urban center. Construction started 9 years ago, and the airport was initially projected to cost USD 84 million. Criticized for irresponsible use of public funds, the government defended the project saying it would increase tourism and generate tax income to help alleviate poverty. In 2013, the airport is still at least 3 years from being operational. Currently, the Swazi Finance Ministry admits to cumulative government expenditure on the airport totaling USD 315 million, and the cost is still rising. No commercial flight has ever landed at Sikhuphe, and a government engineer has found the runway to be defective. The airport is believed to be a vehicle for channeling government money into high level pockets. 3 Freedom House Swaziland: A Failed Feudal State KEY DATES 1903 British establish rule over Swaziland and the Transvaal 1944 Britain declares Sobhuza II as Native Authority in Swaziland 1964 Sobhuza II forms his own party, the Imbokodvo National Movement 6 September 1968 Swaziland becomes independent within the Commonwealth and adopts a new constitution 12 April 1973 Sobhuza II issues a proclamation rescinding the constitution, banning political parties and allocating all powers to the king 1978 A new constitution enshrines electoral representation by tinkhundla , constituencies of between 5 and 10 chiefdoms 21 August 1982 King Sobhuza dies at age 83 without a designated heir 1983 PUDEMO is founded by mostly students and other youth 25 April 1986 Makhosetive is installed as King Mswati III 1992 PUDEMO announces it is unbanning itself 1996 King Mswati announces a constitutional review commission November 2002 Mswati buys a $45m jet despite parliament cancelling the order August 2005 After 8 years work, King Mswati signs a new constitution; the king is placed above all laws and there is no role foreseen for political parties September 2008 A bomb explodes 1 km from the king’s principal palace November 2008 PUDEMO, SWAYOCO, SSN and other groups are proscribed as terrorist organizations under a new Suppression of Terrorism Act April 2011 Police crack down on opposition ahead of planned demonstrations for political reform November 2011 Swaziland is hit by a budget crisis described by the IMF as ‘critical’, with the government struggling to pay salaries April 2012 TUCOSWA’s registration is annulled August 2013 King Mswati announces that God instructed him via a lightning bolt from a clear sky to rename Swaziland’s government system as ‘Monarchical Democracy’ 20 September 2013 Elections for the Swazi House of Assembly 4 Freedom House Swaziland: A Failed Feudal State KEY FIGURES 1.2 million Swaziland’s population 19.82 years Median age of Swaziland’s population 40% Swaziland government’s estimate of unemployment 50% Estimated unemployment of Swazis between 16 and 24 years old 75% Portion of Swaziland’s population dependent on subsistence farming 48 years Average life expectancy in Swaziland 80% Portion of the population who die before attaining 40 years 29% Portion of the population infected with HIV USD 28 million Swaziland’s annual health care budget (around USD 23 per person) 486% Year on year increase in 2012 – 13 budgetary allocation for security equipment and supplies purchases USD 3362 Swaziland’s gross national income per capita 4 to 1 Difference between incomes of urban and rural Swazis 18% Government wage bill as a % of Swaziland’s GDP – highest in Africa USD 92 million Annual loss to GDP from the effects on the work force of chronic hunger in childhood 60% Portion of Swaziland’s economy controlled by King Mswati USD 128 million Swaziland government funds lost to corruption in 2012 55 Number of tinkhundla, Swaziland’s electoral constituencies. Each of the tinkhundla includes between 5 and 10 chiefdoms 700 thousand Number of Swazis who use mobile phones 90% Portion of the Swazi population who are Christians 60% Drop in SACU transfers to Swaziland from 2008 to 2011 USD 200 million King Mswati’s estimated personal wealth 11 Number of Mswati’s palaces in Swaziland 27 Number of Mswati’s children 14 Number of Mswati’s wives and ex-wives 40 Number of years during which the Swazi kings have prohibited political parties from participating in elections 5 Freedom House Swaziland: A Failed Feudal State EXECUTIVE SUMMARY Swaziland is a little-known country of 1.2 million people where the government has popularized photos of beautiful girls performing traditional dances for the king. These images both attract tourists and distract outsiders from Swaziland’s shocking realities of oppression, abject poverty, hunger and disease. In actuality, Swaziland is a country in crisis where even the traditional culture risks extinction due to the absolute monarch’s malfeasance. In our contemporary understanding of governance, no leader can have comprehensive immunity no matter what he does – seizing private and public property for his personal benefit, kidnapping pretty girls, imprisoning citizens who displease him and ordering assassinations. However under Swaziland’s laws the king is immune from civil suits and criminal prosecution 1, and he can commit crimes with impunity. He is also the only judge of Swaziland’s highest court of appeal. Although the Swazi government boasts trappings of a modern state – a constitution and legislative, executive and judicial branches – the monarch, King Mswati III, chooses and controls all significant office bearers. These must obey his commands at all times. Elections occur, but political parties are banned from participating. 2 In the elections of September 2013, this ban will again ensure that the ‘winners’ will be fully under the king’s control. Trade unions previously enjoyed some influence, but more recently the national trade union congress has been officially ‘deregistered’. 3 Civil society activists must operate within constraints on rights of assembly, dissemination of information and public protest. Over the 45 years since independence, civil society has supported the institution of the monarchy but with constitutional restraints. However, as the present king increasingly has departed from Swazi kings’ traditional responsibility to care for their subjects’ welfare in favor of his own self- enrichment, opinion on continuing the monarchy in any form has divided. 4 The Swazi government’s budget has been largely funded by the Southern African Customs Union (SACU) which in some years has provided as much as 75 per cent of all government revenues. Perhaps as a result, the king has not learned fiscal
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